US Military filing I-130 thru Frankfurt

[US-SOLDIER-N-DE 1]

Greetings from Germany,

My first post!

Some quick background. I am a US Soldier stationed in Kaiserslautern, Germany. On 19 Oct 11 I married a Ukrainian citizen (via dual proxy marriage). I fly to the Ukraine on 5 Nov 11 for a small wedding ceremony and to consummate the marriage in accordance with USCIS requirements. We have been dating each other since mid- June 11 and have done lot's of "consummating" so this is not a huge deal.

Now..some questions:

It appears that I am eligible to file via DCF in Frankfurt because i am a legal resident in Germany because of military orders?

This guide: http://germany.usembassy.gov/visa/files/i130_instructions.pdf has a good check list...but it doesn't say anything about attaching

"Evidence of a Bonifide Marriage" ...i.e,

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

I have some of this so attaching it is not a problem...but it's not on the embassy's checklist so I am a little confused.

BTW...The current instructions on a I-130 say to submit supporting documentation of a bona fide marriage...so at this point that is what I intend to do.

Last question...does anyone think that immigration lawyers are useful/needed for this process? It's possible that i might be headed to Afghanistan in June 2012 so I want to get this done for my new wife as quickly as possible. Money is not an issue...i just want to get it done right the first time

Thanks much for any replies,

Randy

[usmcwife 3]

Greetings from Germany,

My first post!

Some quick background. I am a US Soldier stationed in Kaiserslautern, Germany. On 19 Oct 11 I married a Ukrainian citizen (via dual proxy marriage). I fly to the Ukraine on 5 Nov 11 for a small wedding ceremony and to consummate the marriage in accordance with USCIS requirements. We have been dating each other since mid- June 11 and have done lot's of "consummating" so this is not a huge deal.

Now..some questions:

It appears that I am eligible to file via DCF in Frankfurt because i am a legal resident in Germany because of military orders?

This guide: http://germany.usembassy.gov/visa/files/i130_instructions.pdf has a good check list...but it doesn't say anything about attaching

"Evidence of a Bonifide Marriage" ...i.e,

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

I have some of this so attaching it is not a problem...but it's not on the embassy's checklist so I am a little confused.

BTW...The current instructions on a I-130 say to submit supporting documentation of a bona fide marriage...so at this point that is what I intend to do.

Last question...does anyone think that immigration lawyers are useful/needed for this process? It's possible that i might be headed to Afghanistan in June 2012 so I want to get this done for my new wife as quickly as possible. Money is not an issue...i just want to get it done right the first time

Thanks much for any replies,

Randy

I'm really not sure about you being a legal resident in germany because of orders. When my husband was in Japan on orders, he wasn't considered a resident. I was there on a working visa and was considered a conditional resident. I think you would have to contact the us consulate in Germany and ask them what to do. You might need to file through USCIS in the States. I could be wrong but when you are on orders to live outside of the USA you are still considered to be residing in the states.

[Ryan H 3,812]

It appears that I am eligible to file via DCF in Frankfurt because i am a legal resident in Germany because of military orders?

You are stationed in Germany on orders, however, that should still count as being able to file at the USCIS field office in Frankfurt. Check with that field office to be sure, the link to it is here: USCIS Frankfurt Field Office

This guide: http://germany.usembassy.gov/visa/files/i130_instructions.pdf has a good check list...but it doesn't say anything about attaching

"Evidence of a Bonifide Marriage" ...i.e,

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

I have some of this so attaching it is not a problem...but it's not on the embassy's checklist so I am a little confused.

BTW...The current instructions on a I-130 say to submit supporting documentation of a bona fide marriage...so at this point that is what I intend to do.

My two cents, submit what you have, even if it's not in the instructions.

Last question...does anyone think that immigration lawyers are useful/needed for this process? It's possible that i might be headed to Afghanistan in June 2012 so I want to get this done for my new wife as quickly as possible. Money is not an issue...i just want to get it done right the first time

Whether or not you hire an immigration lawyer is up to you. The consensus on VJ is that if you have a straightforward case, a lawyer is not needed. For a straightforward case, all a lawyer will do for you is fill out the forms, you still have to gather all the evidence and send it to the lawyer. You have to determine how comfortable you are filling out the forms and only you know if there are things in either one of your backgrounds that might make this process more complicated and would require legal assistance to navigate it.

[diath 6]

Yes, because of your orders you should be a legal resident. Worked for a few friends there.

I am German and stationed with my husband in England with the Military and the orders for England are also a proof of legal residence.

[US-SOLDIER-N-DE 1]

Yes, it looks like I can file in Frankfurt instead of mailing to the Chicago lockbox. Thanks for all the replies and especially the link from Ryan H. The website ( USCIS Frankfurt Field Office ) say that "normal processing time is 60 to 90 days"...

I assume the 60-90 day timeline is faster than mailing the I-130 to the lockbox?

here is the statement from the website about military on orders in Germany:

Form I-130

U.S citizens or U.S. lawful permanent residents, who reside locally in Germany, may file Form I-130 by coming to the office with an INFOPASS appointment or by mail. Normal processing time is 60 to 90 days. Petitions that are commonly filed at the Frankfurt Field Office are for: 1) spouses or children of U.S. citizens, 2) spouses or children of lawful permanent residents in the U.S. military; 3) parents of U.S. citizens.

You may file in Frankfurt if you are:

A military or civilian members of the U.S. Armed Forces with orders stationing you in Germany

A U.S. Citizen that resides in Germany. You must be able to product a residency permit for Germany.

Again, thanks for the info.

Randy

[LeRoY DrAgOn 2]

You will be able to file DCF once you been stationed in Germany for at least 6months.